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(영문) 수원지방법원 2017.03.09 2017고단364

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 25, 2016, at around 20:20, the Defendant, at the D main point of the victim C (the 57-year-old)’s 1st underground floor in Suwon-si, Suwon-si, the Defendant: (a) ordered the victim to drink, but was refused to do so; (b) thrown the victim’s her bed away from the floor; (c) thrown the bed away from the floor, her bed; and (d) her bed the bed and displayed at the floor (the total of 30 clocks, the total of 750,00 won in the market value) laid on the floor, destroyed the bed’s disease; and (e) interfered with the operation of the victim’s main point by force, such as continuing to escape the disturbance as above, and having the other customers take a bath against approximately 6 customers.

Accordingly, the defendant damaged the property owned by the victim and interfered with the operation of the victim's main points by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each type of crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The scope of the recommended sentence according to the sentencing guidelines for sentencing under Article 62(1) of the Act on the Suspension of Execution (the conditions favorable to the defendant among the reasons for sentencing) is to be compared with the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act. The scope of the recommended sentence [the scope of the recommended sentence] Article 62(1) of the Act on the Suspension of Execution (the scope of the recommended sentence] Article 1 of the Act on the Suspension of Duties (the scope of the recommended sentence] Article 2 of the Act on the Suspension of Punishment of Specific Crimes (the scope of the recommended sentence] Article 1 of the Act on the Suspension of Punishment of Specific Crimes (the scope of the recommended sentence] Article 2 of the Act on the Suspension of Punishment of Specific Crimes (the scope of the recommended sentence] [one to six months] Article 1 of the Act on the Suspension of Punishment of Specific Crimes (the Act on the Punishment of Violences, Etc., the crime of property damage, and the crime of damage to duties] Article 62 of the Act on the Suspension of Execution, including the above regular sentence two times.